No. 23-7682

Daniel Loyola, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment appellate-review constitutional-analysis criminal-law criminal-procedure due-process fifth-circuit firearms plain-error statutory-interpretation united-states-v-bruen
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. Mr. Loyola pleaded guilty to violating 18 U.S.C. § 922(o), which criminalizes the transfer or possession of a machinegun. On appeal, Mr. Loyola attacked the statute of conviction as unconstitutional. Applying the plain-error standard of review, the Fifth Circuit declared the error alleged to be insufficiently clear. To support the point, it cited a pre-Bruen opinion upholding § 922(o) as constitutional based on the fact machineguns do not receive Second Amendment protections due to their dangerous and unusual nature. The Court's decision in United States v. Rahimi, No. 22-915, could clarify and further explain its holding in New York State Rifle & Pistol Ass'n v. Bruen, and thus impact the Fifth Circuit's plain-error analysis regarding § 922(o)'s constitutionality.

The question presented is:

Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(o).

Question Presented (AI Summary)

Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(0)

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-17
Waiver of right of respondent United States of America to respond filed.
2024-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2024)

Attorneys

Daniel Loyola, Jr.
Kevin Joel Page — Petitioner
United States of America
Elizabeth B. Prelogar — Respondent